Manderrah Pty Ltd v Woollahra Municipal Council and Anor [2013] NSWLEC 1196

Land and Environment Court New South Wales

Medium Neutral Citation: Manderrah Pty Ltd v Woollahra Municipal Council and Anor [2013] NSWLEC 1196 Hearing dates: 19-22 August and 3 September 2013 Decision date: 16 October 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for alterations and additions to an existing heritage item, demolition of an existing building and construction of a new infill self care housing development at 119-121 Queen Street, Woollahra, is refused. 3. The exhibits, except Exhibits 8, R8 and R, may be returned. Catchwords: DEVELOPMENT APPLICATION - seniors living development. SEPP 1 objection to height control. Impact of height and bulk. Impact on heritage items and heritage conservation area. Excavation, traffic and groundwater Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No. 1 - Development Standards State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Woollahra Local Environmental Plan 1995 Cases Cited: Centro Properties v Hurstville City Council (2004) 135 LGERA 257 De Stoop v Ku ring gai Council [2010] NSWLEC 1019 Kindimindi v Lane Cove Council (2006) 143 LGERA 277 Manderrah Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 27 Manderrah Pty Ltd v Woollahra Municipal Council No 2 [2013] NSWLEC 115 Navenski Pty Ltd v Rockdale City Council [2010] NSW LEC 2008 Parramatta City Council v Hale (1982) 47 LGRA 318 Weal v Bathurst City Council (2000) 111 LGERA 181 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Manderrah Pty Ltd (Applicant) Woollahra Municipal Council (First Respondent) Mr G Edmonds (Second Respondent) Representation: Mr I Hemmings (Applicant) Mr S Simington, solicitor (First Respondent) Mr P McEwen SC (Second Respondent) Susan Hill & Associates Lawyers (Applicant) Lindsay Taylor Lawyers (First Respondent) HWL Ebsworth Lawyers (Second Respondent) File Number(s): 10004 of 2013